Terms & Conditions
These terms govern your use of the Appzster website and the basis on which we provide professional technology services. Please read them carefully before engaging our services or using our website.
1. Definitions
- Appzster means Appzster Inc., registered in India and having its registered office in Udaipur, Rajasthan, unless a written agreement identifies Appzster LLC as the contracting entity.
- Client means the business entity or individual engaging Appzster under a Statement of Work (SOW) or written agreement.
- Services means professional technology services, including app development, custom software, TBM data curation, and staff augmentation.
- Deliverables means work product, software, design, documentation, or other output produced as part of the Services.
- Agreement means these terms together with any executed SOW, NDA, or other written agreement.
2. Acceptance of Terms
By accessing the website or engaging our Services, you confirm that you have read, understood, and agree to these Terms. If you act for a company or other entity, you confirm that you have authority to bind it.
Where a separately negotiated and signed written agreement exists, that agreement takes precedence over these Terms in the event of conflict.
3. Our Services
Appzster provides professional technology services to clients in India and internationally. The specific scope, deliverables, timeline, and commercial terms of an engagement will be set out in an agreed SOW.
3.1 Client Obligations
- Provide timely access to required information, systems, and personnel.
- Review Deliverables and provide feedback within agreed timeframes.
- Ensure supplied materials are accurate, complete, lawfully held, and appropriately licensed.
- Obtain required third-party permissions or regulatory approvals.
- Appoint an authorised project contact.
3.2 Subcontracting
Appzster may subcontract portions of the Services to qualified parties while remaining responsible for the delivery of agreed Deliverables.
4. Quotes & Proposals
Quotes, estimates, and proposals are valid for 30 calendar days unless stated otherwise. Estimates provided before discovery and scoping are indicative only. Binding commitments require a written SOW, quote, or other authorised written agreement.
Scope changes will be documented and agreed in writing before additional work proceeds. They may change pricing, timelines, or both.
5. Payment Terms
5.1 Standard Terms
- Invoices are issued according to the billing schedule in the SOW.
- Payment is due within 30 days of the invoice date unless agreed otherwise in writing.
- Prices exclude applicable taxes, including GST where applicable.
- Payments must be made in the invoice currency: INR for domestic clients, or agreed international currency for other clients.
5.2 Domestic and International Payments
Indian clients may pay by bank transfer, UPI where applicable, cheque subject to clearance, or other agreed methods. International clients may pay by SWIFT transfer; related bank charges are the Client's responsibility unless agreed otherwise.
5.3 Late Payment and Expenses
For late payment, Appzster may charge interest, suspend work after notice, or pursue available recovery remedies. Pre-approved expenses and third-party licences may be charged at cost with appropriate supporting records.
6. Intellectual Property
6.1 Client Ownership
On receipt of full and final payment, Appzster assigns to the Client the intellectual property rights in bespoke Deliverables created specifically for that Client under the SOW, including source code, design assets, and documentation.
6.2 Pre-Existing IP and Open Source
Appzster retains rights in its pre-existing tools, frameworks, libraries, methodologies, boilerplate code, and know-how. Where incorporated, Appzster grants a perpetual, non-exclusive, royalty-free licence to use those components as part of the delivered solution. Open-source components remain subject to their respective licences.
6.3 Client Materials
The Client retains rights in its data, branding, and materials, and grants Appzster a limited licence to use them solely to deliver the Services.
7. Confidentiality
Each party will keep the other party's Confidential Information confidential, except where disclosure is necessary to deliver the Agreement, required by law, or the information becomes public without fault. Confidentiality obligations survive for 5 years after disclosure unless a separate NDA provides otherwise.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Appzster's aggregate liability for a claim shall not exceed the fees paid by the Client in the 12 months preceding the event giving rise to the claim. Appzster is not liable for indirect, incidental, consequential, or punitive losses, including lost profits, business interruption, or loss of goodwill.
Nothing limits liability that cannot lawfully be excluded, including fraud or fraudulent misrepresentation. Clients are responsible for maintaining adequate data backups.
9. Warranties & Defect Rectification
Appzster will perform Services with reasonable care and skill using appropriately qualified personnel. Deliverables will materially conform to the agreed SOW at delivery.
We provide a 60-day defect rectification period after go-live for defects that materially prevent Deliverables from meeting agreed specifications. This does not cover Client modifications, third-party services, Client-provided data, environmental changes, or new features outside the SOW.
10. Termination
Either party may terminate an engagement according to the notice period in the SOW. If none is stated, project engagements require 30 days' written notice; Sprint Support requires 14 days; Extended or Dedicated staff augmentation requires 30 days.
Either party may terminate for material breach not remedied within 14 days, insolvency, or fraudulent or illegal conduct. On termination, the Client must pay for Services rendered and non-cancellable approved costs, and Appzster will provide completed paid-for Deliverables and work in progress as agreed.
11. Website Use
The website is provided for informational purposes and to facilitate engagement with Appzster. Users must not use it for unlawful purposes, attempt unauthorised access, introduce harmful code, or interfere with its operation. Third-party links are provided for convenience and are not controlled by Appzster.
12. Indian Compliance
These Terms and website use are subject to applicable Indian law, including the Information Technology Act, 2000 and rules made under it. Data collection and processing are described in our Privacy Policy and handled in accordance with applicable law.
GST is charged where applicable. Cross-border transactions are subject to applicable foreign-exchange, tax, and regulatory requirements. The precise tax treatment will be confirmed in the relevant invoice or SOW.
13. Dispute Resolution
The parties will first attempt to resolve a dispute through good-faith negotiation within 30 days of written notice. If unresolved, they may agree to mediation. Subject to any written agreement to the contrary, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Udaipur, Rajasthan, India and the language in English.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of India. Subject to any arbitration agreement, courts in Udaipur, Rajasthan, India will have jurisdiction over disputes arising from these Terms or the Services, unless an applicable written contract with Appzster LLC provides otherwise.
General Provisions
If any provision is unenforceable, the remainder remains effective. These Terms together with an SOW or NDA form the entire agreement for their subject matter. Failure to enforce a right is not a waiver. Neither party is liable for delay caused by events beyond reasonable control.